2002 Legislation
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HOUSE BILL NO. 686 – No call list, business relationship

HOUSE BILL NO. 686

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Daily Data Tracking History



H0686......................................................by STATE AFFAIRS
NO CALL LIST - Amends existing law to clarify when an established business
relationship exists under the "no telephone solicitation contact" list.
                                                                        
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 686
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE NO  TELEPHONE  SOLICITATION  CONTACT  LIST;  AMENDING  SECTION
  3        48-1003A,  IDAHO CODE, TO PROVIDE INSTANCES WHEN PENALTIES SHALL NOT APPLY
  4        AND TO CLARIFY WHEN AN ESTABLISHED BUSINESS RELATIONSHIP EXISTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 48-1003A, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        48-1003A.  NO TELEPHONE SOLICITATION CONTACT LIST.
  9        (1)  (a) Any  residential,  mobile  or  telephonic paging device telephone
 10        subscriber desiring to be placed on a "no telephone solicitation  contact"
 11        list,  indicating  that  the subscriber does not wish to receive telephone
 12        solicitations, may be placed upon such list by notifying the attorney gen-
 13        eral in writing and paying the attorney general an initial list fee, which
 14        the attorney general may assess in an amount up to  ten  dollars  ($10.00)
 15        per subscriber. The subscriber's notice shall be in a form approved by the
 16        attorney  general. The subscriber's listing shall be for a period of up to
 17        three (3) years, and may be renewed by the attorney general for additional
 18        periods of up to three (3) years each, if the subscriber requests  renewal
 19        and  pays  a renewal list fee, which the attorney general may assess in an
 20        amount up to five dollars ($5.00) per renewal.
 21        (b)  The first "no telephone solicitation contact" list shall be published
 22        on or before June 30, 2001. The attorney general shall  thereafter  update
 23        his  "no  telephone  solicitation contact" list quarterly and provide this
 24        list to telephone solicitors upon request and receipt of a list  distribu-
 25        tion fee, which the attorney general may charge in an amount up to twenty-
 26        five dollars ($25.00) per list.
 27        (c)  All  fees  imposed pursuant to this section shall be deposited in the
 28        consumer protection account and shall be used for the furtherance  of  the
 29        attorney general's duties and activities under this section.
 30        (2)  Within  thirty  (30) days after a new "no telephone solicitation con-
 31    tact" list has been published by the attorney general, no telephone  solicitor
 32    shall  make or cause to be made any telephone solicitation, as defined by sec-
 33    tion 48-1002(10)(a), Idaho Code, to any telephone number which is assigned  by
 34    a  telephone company to a person listed on the "no telephone solicitation con-
 35    tact" list as appears in the then current quarterly listing published  by  the
 36    attorney general.
 37        (3)  Section  48-1006,  Idaho Code, notwithstanding, any violation of this
 38    section shall subject the person violating the terms  of  this  section  to  a
 39    civil  penalty, to be imposed by the district court, as follows: for the first
 40    violation, not to exceed five hundred dollars ($500); for  the  second  viola-
 41    tion,  not to exceed two thousand five hundred dollars ($2,500); for the third
 42    and subsequent violations, not to exceed five thousand  dollars  ($5,000)  per
 43    violation. Penalties received under this section shall be expended pursuant to
                                                                        
                                           2
                                                                        
  1    legislative appropriation.
  2        (4)  This section is not applicable to telephone solicitations:
  3        (a)  To a telephone subscriber's commercial or business telephone number;
  4        (b)  (i)   Where  an  established business relationship exists between the
  5             telephone solicitor and the telephone subscriber;  provided  however,
  6             the  established  and  existing business relationship exception shall
  7             not apply between a telephone  company  and  a  telephone  subscriber
  8             under  this section unless the telephone subscriber shall have previ-
  9             ously consented to receive a telephone solicitation from such company
 10             or its agent;
 11             (ii)  For purposes of this section, "telephone company" means a  per-
 12             son  providing telecommunications services to the public, or any seg-
 13             ment thereof, for compensation, by wire,  cable,  radio,  lightwaves,
 14             cellular  signal  or other means. "Telecommunications services" means
 15             the conveyance of voice, data, sign, signal, writing, sound, messages
 16             or  other  information  at  any  frequency  over  any  part  of   the
 17             electromagnetic  spectrum.  An "established business relationship" is
 18             deemed to exist for sixty (60) days after  the  telephone  subscriber
 19             has  purchased goods or services from the telephone solicitor, or for
 20             sixty (60) days after the goods or services that were  purchased  are
 21             provided;
 22        (c)  By a minor seeking to sell a good or service, pursuant to a telephone
 23        solicitation, for a charitable purpose or organization.
 24        (5)  The  attorney general shall advise telephone subscribers who register
 25    with his office under this section of all self-help measures available to them
 26    to reduce unwanted telephone solicitations.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS12141C1

The Idaho Telephone Solicitation Act provides that a telephone
solicitor may solicit a person on the Attorney General s no-call
list if an "established business relationship exists" between the
telephone solicitor (or the person on whose behalf the solicitor
is calling) and the telephone subscriber. This amendment provides
that an "established business relationship exists" between a
solicitor and subscriber if the subscriber has purchased goods or
services from the solicitor (or the person on whose behalf the
solicitor is calling) within 60 days prior to a subsequent
telephone solicitation.



                           FISCAL IMPACT
None.




Contact
Name: Rep. Bill Deal
Phone: 208/332-1000
Roy Eiguren
388-1313
                                 


STATEMENT OF PURPOSE/FISCAL NOTE                H 686